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HomeMy WebLinkAboutThermo Fisher Scientific - Service Maintenance Agreement RenewalMay 04 2017 CONTRACT AGREEMENT SALES REP Thermo Fisher Scientific Asheville LLC Bldg 2B, Suite 400 28 Schenck Parkway Asheville, NC 28803 Contact: Crane, Eric Phone: Fax: 877-867-8945 eric.crane@thermofisher.com USA CUSTOMER CONTACT FOR AGREEMENT Contact: JENNIFER CLEARY Phone: 509-575-6133 Fax: Email: Jennifer.Cleary@yakimawa.gov RE: SERVICE MAINTENANCE AGREEMENT NEW / RENEWAL Dear Valued Customer, Enclosed is the Instrument Service Agreement for your Thermo Fisher Scientific Equipment at your facility. We recognize your commitment to provide qualit testing and appreciate the opportunity to assist you by providing first rate service for your equipment. We encourage you to renew or purchase a Service Agreement in order to assure your facility quality test results through scheduled maintenance visits, genuine replacement parts and the services of our factory trained Field Service Engineers. If you have any questions please contact your Sales Representative (located upper left of this page) at 800-438-4851. We appreciate your continued support and business. RENEWING OR PURCHASING COVERAGE IS EASY AS 1-2-3. 1) REVIEW YOUR SERVICE AGREEMENT FOR ACCURACY - PLEASE MAKE ANY NECESSARY CORRECTIONS ON YOUR SERVICE MAINTENANCE AGREEMENT QUOTE. 2) SIGN THE SERVICE AGREEMENT AND INDICATE THE METHOD OF PAYMENT; PURCHASE ORDER, CREDIT CARD (VISA OR MC) OR CHECK. - For purchase order or check payment; please attach a copy of the purchase order or a copy of the check stub listing the check number. If your organization does not use purchase orders we will need in writing on company letterhead indicating this, We will also need the billing address for your organization and something to use in place of po , whether it is the date or your initials, etc. - For credit card payment please contact us at 800-438-4851. It is the company's policy not to accept credit card numbers via email or ax. A) FOR NIH SERVICE AGREEMENTs ONLY: - Please sign the enclosed Service Agreement and return with a new record of call number for a one year period under the Blanket Purchase Agreement. Thermo Fisher Scientific LLC EIN number is 36-4087754 and DUNS number is 17-075-5479. B) FOR NIH OPEN MARKET use contract number HHSN263201500073B 3) YOU CAN FAX EMAIL OR MAIL THE ABOVE REQUIRED INFORMATION TO: - Fax number: 877-867-8945 - Email: Contracts.LED.Asheville@Thermofisher.com - Mail: Thermo Fisher Scientific (Asheville) LLC Attention Service Contract Administrator BLDG 2B 28 SCHENCK PARKWAY, STE 400 Asheville, NC 28803 When you receive your invoice send yourpayment to: Thermo Fisher Scientiic (Asheville) LLC P.O. Box 842339, Dallas, Texas 75284-2339. Federal ID 36-4087754 Acceptance and delivery of your order is subject to the terms and conditions on the face of this quote, which shall constitute the exclusive contract between us for your order. INSTRUMENT SERVICE AGREEMENT QUOTE Contract Quote ISR005669 Customer Contact THANK YOU FOP. CHOOSING THERMO FISHER. SCIENTIFIC Contract Sales Rep Contact:JENNIFEP. CLEARY Thermo Fisher Scientific Phone: 509-575-6133 CONFIDENTIAL Asheville LLC Fax: Bldg 25, Suite 400 Email: Jennifer.Cleary@yakimawa.gov 28 Schenck. Parkway -PLEASE NOTE THAT THE PRICING SET FORTH IN THIS QUOTATION Asheville, NC IS PROPRIETARY TO THERMO FISHER SCIENTIFIC AND AS SUCH IS 28803 USA CONFIDENTIAL AND SHOULD NOT BE DISCLOSED TO ANY OTHER VENDOR- Contact:Crane, Eric "*J4"4"--" Phone: Fa::: 877-867-8945 Email: eric.crane@thermofisher.com Work Site 590796.L01 CITY OF YAKIMA WA, WASTEWATER TREATMENT PLANT, 2220 E VIOLA AVENUE YAKIMA, WA, 98901, USA JENNIFER CLEARY Jennifer.Cleary@yakimawa.gov Installation Age Package Contract Agreement Package Pro- Options Contract # Model Your Serial# Date (Yrs) Type Start End Price RatedO Price 509-575-6133 Total 1000013162 GENPURE UV 41383518 11-05-12 4 WTR-TC 05-04-17 05-03-18 Quantity Options Unit Price Total Price 1 Included PM 0.00 0.00 1000017869 PACIFIC TII 20 41383555 03-01-13 4 WTR-TC 06-01-17 05-31-18 Quantity Options Unit Price Total Price Included P11 0.00 0.00 2545.00 0.00 2545.00 0.00 0.00 2,545.00 0.00 2,545.00 Total Price (before applicable taxes): 5,090.00 INSTRUMENT SERVICE AGREEMENT QUOTE Contract Quote ISR005669 CONTRACT PACKAGE DETAILS DO = DEPOT ONLY Depot Only Service Agreement The Depot Only Service Agreement is a practical choice for compact equipment used in non -urgent situations. All repairs use genuine OEM parts and performance tests are conducted to ensure that your equipment meets all factory specifications before it is returned to you. Customer responsible for shipping unit to Depot. Key features include: ' Priority Depot repair ' All labor and parts covered at 1001 ' Depot to customer shipping is included Base Coverage Exclusions: Consumable items such as light bulbs, gaskets, 0 -rings, vacuum/rotor grease, grease, batteries, rotors, rotor buckets, TBA, filters, chart recorder pen's, paper. Non factory installed accessories, buy -in parts and engineering specials. Complete system replacement is not covered under contract. SC = SCHEDULE CAPE The Schedule Care Plan provides thorough annual preventive maintenance at your site by certified service engineers. Our specialist will inspect, clean, check, -adjust and run all appropriate tests to ensure that your lab equipment continues to meet the manufacturer's performance tandards. While this plan does not cover the cost of repairs, it will assure you of priority service. Fey features include: ' Annual onsite preventive maintenance (labor and travel Included) ' Priority scheduling for time and material onsite repair • Priority scheduling for time and material depot repairs Phone and e-mail support 15`: discount on parts, labor and travel when additional service is needed outside of the scheduled preventive maintenance visit (DISCOUNT for parts applies to Thermo Fisher Scientific Equipment, some parts may not be available) Base Coverage Exclusions: Consumable items such as light bulbs, gaskets, 0 -rings, vacuum/rotor grease, grease, batteries, rotors, rotor buckets, TBA, filters, chart recorder pen's, paper. Non factory installed accessories, buy -in parts and engineering specials. Complete system replacement is not covered under contract. TC = TOTAL CAPE The Total Care Plan is our most comprehensive support plan for lab equipment. It minimises downtime through responsive onsite service through annual preventive maintenance by factory -certified service engineers. The Total Care Plan assures optimal performance of your equipment at a fi::ed annual cost that makes it easy to budget for equipment support expenses. Key features include: ' Priority onsite repair ' Annual onsite preventive maintenance ' A11 labor, parts and travel time covered 100€ ' Priority depot repair ' Unlimited priority phone and e-mail support Base Coverage Exclusions: Consumable items such as light bulbs, gaskets, 0 -rings, vacuum/rotor grease, grease, batteries, rotors, rotor buckets, TBA, filters, chart recorder pen's, paper. Non factory installed accessories, buy -in parts and engineering specials. Complete system replacement is not covered under contract. WP = WARPANTY PLUS "PLAN ONLY AVAILABLE AT TIME OF INITIAL EQUIPMENT ORDER'" Extend your manufacturer warranty with the Warranty Plus Plan. With this plan you get an additional 12 months warranty and on-site preventive maintenance for your lab equipment. Plans must be purchased at time of initial equipment order. Key features include: ' Priority onsite repair ' Annual onsite preventive maintenance ' All labor, parts and travel time covered 100€ ' Priority depot repair ' Unlimited priority phone and e-mail support Base Coverage Exclusions: Consumable items such as light bulbs, gaskets, 0 -rings, vacuum/rotor grease, grease, batteries, rotors, rotor buckets, TBA, filters, cart recorder pen's, paper. Non factory Installed accessories, buy -In parts and engineering specials. Complete system replacement is not covered under contract. INSTRUMENT SERVICE AGREEMENT QUOTE Contract Quote ISR0056698 DTC = DEPOT TOTAL CARE The Total Care Plan is our most comprehensive support plan for lab equipment. It minimizes downtime through responsive depot service through annual preventive maintenance by factory -certified service engineers. The Total Care Plan assures optimal performance of your quipment at a fixed annual cost that makes it easy to budget for equipment support expenses. Key features include: ' Priority depot repair ' Annual depot preventive maintenance ' All labor and parts covered 1002 ' Priority depot repair ' Unlimited priority phone and e-mail support Base Coverage Exclusions: Consumable items such as light bulbs, gaskets, O -rings, vacuum/rotor grease, grease, batteries, rotors, rotor buckets, TBA, filters, chart recorder pen's, paper. Non factory installed accessories, bui-in parts and engineering specials. Complete system replacement Is not covered under contract. DWP. = DEPOT WAPPANTY PLUS "PLAN ONLY A.AAILABLE AT TIME OF INITIAL EQUIPMENT ORDER"' Extend your manufacturer warranty with the Warranty Plus Plan. With this plan you get an additional 12 months warranty and depot preventive maintenance for your lab equipment. Plans must be purchased at time of initial equipment order. Rey features include: ' Priority depot repair ' Annual depot preventive maintenance ' All labor and parts covered 1001 ' Unlimited priority phone and e-mail support Base Coverage Exclusions: Consumbale items such as light bulbs, gaskets, 0 -rings, vacuum/rotor grease, grease, batteries, rotors, rotor buckets, TBA, filters, chart recorder pen's, paper. Non factory installed accessories, buy-inparts and engineering specials. Complete system replacement is not covered nder contract. INSTRUMENT SERVICE AGREEMENT QUOTE Contract Quote ISR005669 This Quote is valid for up to 30 days from the contract start date shown above. TERMS AND CONDITIONS OF SERVICE Thermo Fisher Scientific (Asheville) LLC (hereinafter defined as "Thermo Fisher") agrees to perform and Customer agrees to pay for the servicing of equipment subject to the following terms and conditions. This order shall be deemed accepted upon the signature of customer's acceptance of the Thermo Fisher copy of this order or the commencement of Service by Thermo Fisher. Thermo Fisher objects to any additional or different terms contained in Customer's response. 1. Service Thermo Fisher will repair those instruments identified which are not operating and restore them to product specifications as determined by Thermo Fisher within the 48 contiguous United States and the District of Columbia, Monday through Friday (excluding Thermo Fisher holidays) during the hours of 8:00 a.m. to 5:00 p.m. local standard time ("Normal Hours"). For service calls requested outside of Normal Hours or weekends or nationally observed holidays, Thermo Fisher will bill Customer at Thermo Fisher's after hours service rate. (a) No repairs or modifications have been made by anyone other than an authorized Thermo Fisher Service Representative. (b) The instrument was installed within ninety (90) days of shipment from the manufacture's or dealer's location, whichever applicable, and was installed by an authorized Thermo Fisher Service Representative when required by Thermo Fisher. (c) Any replacements by Thermo Fisher do not extend the original warranty period. (d) During the applicable warranty period, Thermo Fisher will, subject to service terms and conditions and with reasonable promptness, at its cost repair those instrument malfunction which occur notwithstanding that the instrument is being operated in accordance with Thermo Fisher's instruction manual for such instrument. A service call shall be considered complete when Thermo Fisher demonstrates by an appropriate test procedure that the instrument is operating in accordance with its performance specifications. Thermo Fisher shall provide to the customer a copy of the Field Service Report detailing the work performed by Thermo Fisher's Field Service Representative. Thermo Fisher reserves the right to make any changes in the design or construction of this instrument at any time, without any obligation. (e) Thermo Fisher warrants that instrument service rendered by Thermo Fisher to the customer hereunder shall be performed by Thermo Fisher in a workmanlike manner resulting in satisfactory instrument performance. 2. Payment (a) Customer agrees to makes payment of the total charge as a single payment within thirty days of the invoice. All payment is net 30 (thirty) days. (b) Charges are exclusive of all state, local, use, excise and other taxes. Any such ta:: shall be paid by the Customer unless the Customer furnishes a valid exemption certificate to Thermo Fisher. 3. Replacement Parts There shall be no charge to customer for parts provided by Thermo Fisher for warranty service repair other than supplies of consumables, customer maintenance items, printer paper, pens, specialized lamps and fuses. Thermo Fisher provides a three (3) month warranty with replacement parts. 4. Key Operator Customer shall designate a key operator who shall be made available to Thermo Fisher to describe instrument malfunctions to Thermo Fisher Representatives by telephone and who shall be qualified to perform simple adjustments and corrections a requested by Thermo Fisher's representatives. Failure to designate a key operator or to perform customer maintenance as specified in the instrument instruction manual, may result at Thermo Fisher's option in a service call invoiced by Thermo Fisher at its standard rates for service, travel or move, labor and parts. 5. Equipment Modification Thermo Fisher reserves the right to make any changes in the design or construction of Thermo Fisher's instruments without incurring any obligation to make any changes whatsoever in the instruments described in this agreement. User agrees to allow Thermo Fisher at Thermo Fisher's expense to make retrofits or design changes which improve instrument reliability but do not change instrument performance characteristics. 6. Limitations (a) Exceptional Causes of Equipment Malfunction. Repair of equipment malfunction for the following abnormal conditions is not covered by this Agreement and will be performed by Thermo Fisher at its current service rate for labor and parts: Shipping damage incurred enroute to Customer's site or because of moving equipment. Thermo Fisher will promptly provide a cost estimate for repairs to the consignee for filing claims to carriers for shipping damage. ii. Flood, lightning, earthquake, tornado, hurricane or fire, bombing, armed conflict, malicious mischief, sabotage or other natural or manmade disasters. iii. Physical abuse, misuse, sprinkler damage, electrical surge or abnormal power variation. iv. Repairs, maintenance, or modifications made by anyone other than Thermo Fisher trained personnel or without Thermo Fisher's supervision and/or approval. v. Relocation and reinstallation of equipment are not covered under this Agreement; although upon request Thermo Fisher, will supervise the removing, crating, relocation and reinstallation of equipment at Thermo Fisher's current service rate. (b) Maintenance or replacement of media (i.e., floppy disks, plotter supplies, etc.) whatever the reason fo-r loss, failure or damage is not covered by this Agreement. INSTRUMENT SERVICE AGREEMENT QUOTE Contract Quote ISR005669E (c) The servicing of non -Thermo Fisher material or equiprent is not covered by this Agreement. This includes non -Thermo Fisher material cr equipment purchased for Engineering Specials. Id) Beta -site support is not covered by this Agreement. (e) Service calls made to train operators, not equipment malfunction, are not covered by this Agreement. 7. Warranty. Subject to the conditions set forth in this Agreement, Thermo Fisher warrants that Service rendered by Thermo Fisher to the Customer hereunder shall be performed by Thermo Fisher in a workmanlike manner and tnereafter, the instrument will perform in accordance with its published specifications for ninety (90) days from the date of Service. Thermo Fisher's sole obligation under this Agreement is to provide Service as described in Section 1, Service. THERMO FISHER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED T0, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY REPLACEMENTS BY THERMO FIHSER DO NOT EXTEND THE ORIGINAL WARRANTY PERIOD. 8. Indemnification and Limitation of Liability. Thermo Fisher agrees to indemnify, defend and save Customer, its officers, directors, employees, agents and representatives harmless from all losses, expenses, demands and claims made against Customer, its officers, directors, employees, agents and representatives because of any personal injuries, death or property damage to the extent it is caused by the negligence or willful misconduct by Thermo Fisher, its employees, agents or representatives in connection with its performance of services. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED T0, LOST PROFITS AND BUSINESS INTERRUPTION), REGARDLESS OF WHETHER EITHER PARTY; (A) HAS BEEN INFORMED OF THE POSSIBLITY OF SUCH DAMAGES, OR (B) IS NEGLIGENT. IN NO EVENT WILL THERMO FISHER'S TOTAL LIABILITY EXCEED THE CHARGE PAID BY CUSTOMER FOR THE SERVICE. 9. Insurance 'Thermo Fisher maintains insurance policies which have the following minimum limits and coverage: )a) Comprehensive general liability insurance for a limit of $1,000,001 (one million) for each occurrence and 52,000,000 (two million) in the aggregate, (o) Statutory workers' compensation and employer's liability insurance. Copies of certificates of insurance evidencing the specified coverage are available upon request. 10. Customer Responsibilities (a) Customer shall provide Thermo Fisher personnel reasonable access the equipment whenever service is required. Customer shall cooperate with Thermo Fisher personnel so that service can be performed efficiently and without interruption. (b) Thermo Fisher shall be allowed use of Customer equipment which Thermo Fisher personnel deem necessary for performance of service. (c) Customer shall be responsible for the procurement, installation, and maintenance of all non -Thermo Fisher communication media including but not limited to telephone and communication equipment for the remote transmission of data. Charges for such equipment or :redia in connection with the performance of service under this Agreement shall he borne by Customer. 11. General (a) Thermo Fisher agrees not to knowingly disclose any information or data obtained pursuant to the performance of this Agreement when such information or data is clearly identified as proprietary. (b) Thermo Fisher reserves the right to determine the assignment of its employees in the performance of this Agreement. (c) Neither party shall assign this Agreement without prior consent of both parties. )d) This document constitutes the complete and exclusive agreement between Thermo Fisher and the Customer concerning the servicing of equipment and no addition to or modification of any provision of this Agreement shall be binding on Thermo Fisher unless made in writing and signed by a duly authoriced representative of Thermo Fisher. (e) This Agreement shall be governed by the internal laws of the State of Thermo Fisher's location in the United States. Customer consents to venue and jurisdiction over any action related to this Agreement in the county and state of Thermo Fisher's location. Any provision(s) of this Agreement which in any way contravenes the law of any state or country in which this Agreement is effective shall to the extent of such contravention of law, be deemed separable and shall not affect any other provision or the validity of this Agreement. As an authorized representative of the Buyer, your signature below creates an Agreement to buy the services listed above and your acceptance of the Terms and Conditions on the foregoi'. pages as he sole and exclusive terms fory"(/our purchase. (Rev 11-07-13) Auonted(►'s omen Si-a:.ure -ate 017 Purc se Order Number or Check Number (Please attach document) 5757/7 Thermo Fisher Service Sales Specialist Date FAX TO 877-867-8945 or EMAIL Contracts.LED.Asheville9thermofisher.com CITY CONTRACT NO:r &o RESOLUTION NO:, k f /i